Flagrant Misconduct Law and Legal Definition

The term flagrant misconduct means extremely, flauntingly, or purposefully conspicuous misconduct, usually because of uncommon evil, unworthiness, unpleasantness, or truculence.

The four factors for determining flagrant misconduct are:

a. the place and subject matter of the discussion;

b. whether the employee's outburst was impulsive or designed;

c. whether the outburst was in any way provoked by the employer's conduct; and

d. the nature of the intemperate language and conduct. [Dep't of the Air Force v. FLRA, 294 F.3d 192, 195 (D.C. Cir. 2002)].